oEPA
United St
Environmental Protection
Agency
Office of
Solid Waste and
DIRECTIVE NUMBER: 9441.01(85)
TITLE: Impact of the RCRA Regulations on Landfill Gas
Condensate
APPROVAL DATE: 1-11-85
EFFECTIVE DATE: i-n-85
ORIGINATING OFFICE: office of solid Waste
E FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
D 8 — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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261 SUBPART A - GENERAL
DOC: 9441.01(85)
Key Words: Landfill, Gas Condensate
Regulations:
Subject: Impact of the RCRA Regulations on Landfill Gas Condensate
Addressee: H. Lanier Hickman, Executive Director, GRCDA, P.O. Box 7219,
Silver Spring, MD 10910
Originator: John H. Skinner, Director, Office of'Solid Waste
Source Doc: #9441.01(85)
Date:
Summary:
1-11-85
The Agency position on whether landfill gas condensate is hazardous is
based upon the type of waste in the landfill:
o Landfill gas condensate derived from a fill that contains household
waste exclusively is not a hazardous waste.
o Condensate derived from a fill that contains municipal waste or undefined
(not listed) hazardous waste is a hazardous waste only if it exhibits
one or more of the characteristics of hazardous waste.
o Condensate derived from a landfill containing listed waste is always a
hazardous waste, unless specifically excluded in response to a delisting
petition, or exempt under the small quantity generator or recycling
regulations.
In authorized States, State rules apply in lieu of the Federal regulations.
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9441.01 (B5)
JAN IIJ986
H. Lanier Hicfcnan
Executive Director
GRCDA
P.O. Box 7219
Silver Spring, Maryland 10910
Dear Lannys
In your letter of November 6, 1984^and our subsequent
meeting on November 27, 1984, you requested our interpretation
of the impact of the RCRA regulations on landfill gaa condensate.
This letter reflects our discussion and summarizes our position
on this issue. As you recall, we did review this issue for you
in sone detailVand presented our interpretation at your landfill
gas symposium last April.
I think the re-cap of this issue can best be stated by looking
at the several landfill scenarios that can apply — household waste
only, normal municipal waste, undefined (but not listed) hazardous
waste,^listed hazardous waste (including any mixtures of other
wastes and listed hazardous waste). The household waste exclusion
applies through its entire management cycle, from collection
through final disposition including treatment and resultant residues.
Landfill gas condensate derived from a fill that contains household
waste exclusively is not a hazardous waste.
Condensate derived from landfill gas processing from a fill
that contains municipal waste or undefined (not listed) hazardous
waste is a hazardous waste only if it exhibits one or more of the
characteristics of hazardous waste (i.e., ignitabiity, corrosivity,
reactivity, or extraction procedure toxiclty). On the other hand,
condensate derived from a landfill containing listed waste is always
a hazardous waste, unless specifically excluded in response to a
"delisting" petition. Of course, the other exenption-frow-regulation
provisions still apply «— those for snail quantity generators and
recycling.
This synopsizes the Federal position on whether landfill gas
condensate is hazardous. As you know, RCRA is intended to be
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implemented through a State program, when » *+.+- u w-
authority, its rules apply inlieu of therL!^ h" *»•"
should, therefore, investigate the "at. coil™£ 4rsgujatlon«-
of interest to you. If you have aw £uJ*5£ in th°*e stat»«
y«, h??i"" to-o^i.^ns cho"»^"h;r47n7"or,qu!?tion'-.px*a" <°
«";«?«!"" •""" d"i"i"»"i«i.«i«
Very truly yours.
John B. Skinner
Director
Office of Solid waste
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